[Direct answer]Yes. The scope of representation of a real estate dispute lawyer covers the entire life cycle of a house. Disputes over housing lease contracts (such as recovering arrears in rent, returning security deposits, evictions, subleases, losses from repairs and renovations, and the principle that a sale does not terminate a lease) are common types of cases accepted by lawyers, along with disputes over house sales, inheritance, division of joint ownership, and registration under another person's name, all of which fall under real estate disputes. According to the Lease Contract Chapter of the Civil Code (Article 703 and subsequent articles), if the lessee fails to pay the rent without a valid reason and still fails to pay within a reasonable period after being reminded, the lessor may terminate the contract and recover the occupancy and use fees; and the statute of limitations for lease disputes is three years. When selecting a lawyer, it's important to check whether they have been handling real estate cases for a long time and whether they have experience in similar cases. For more details, please refer to the following link:Legal services for real estate transactions and construction projectsOrBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Articles 703 and 707 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Article 703 defines a lease contract as a contract in which the lessor delivers the leased object to the lessee for use and profit, and the lessee pays the rent; Article 707 requires that a lease term of more than six months shall be in writing. If the lease term is not in writing or cannot be determined, it shall be deemed an indefinite lease. In practice, a large number of lease disputes stem from oral agreements or WeChat chats replacing contracts. There is no written basis for the deposit standard, maintenance obligations, and subletting rights, so in the event of a dispute, the parties can only rely on chat records, transfer records, and handover certificates to reconstruct the contractual content.

2. Articles 721 and 722 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Article 721 stipulates the term of rent payment: where the agreement is unclear, if the lease term is less than one year, the rent shall be paid upon the expiration of the lease term; if the lease term is more than one year, the rent shall be paid every year after the expiration of one year; and if the remaining term is less than one year, the rent shall be paid upon the expiration of the lease term. Article 722 stipulates that if the lessee fails to pay or delays in paying the rent without a valid reason, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may rescind the contract. The reminder procedure and reasonable period are the key to the legality of the rescission. First, send a written reminder to keep evidence, and then rescind the contract and sue are the standard paths for the lessor to protect their rights.

3. The interpretation of the case by the arbitrator

The key points of the court's review of lease disputes include: the validity of the contract (determination of the validity of illegal buildings and group rental clauses); the nature of the deposit and the reasons for deduction (comparing the condition of the rental unit at the time of check-out with the check-in list); whether the subletting has been approved by the lessor (the lessor may terminate the lease without approval); the apportionment of decoration losses based on the degree of fault and the residual value of the remaining lease term (for improvements or additions approved by the lessor, see Article 715); and the application of the principle of "sale does not break the lease" and the right of first refusal (Articles 725 and 726). The evidence mainly includes written contracts, rental transfer records, WeChat communications, and check-out handover records. For oral lease cases, the completeness of the evidence chain is required at a higher standard.

II. Henglue Law Firm's Real Cases (Detailed Review)

In addition to lease disputes, property dispute lawyers also often handle cases involving the ownership and possession of real estate. The following case of dividing a jointly owned property demonstrates their systematic application of the rules governing the possession, use, and income from real estate.

Review of the case:Zhang Mochun and Zhang Mouqiu are siblings. After their parents passed away, the Beijing No. 202 House in Shijingshan District, Beijing was determined to be a jointly owned property by the Beijing First Intermediate People's Court on April 29, 2024 (with Zhang Mochun owning 1/2, Zhang Mouqiu owning 9/20, Zhao Mouqing owning 1/40, and Zhao Mouzhen owning 1/40). After the judgment took effect, the house has been actually occupied by Zhang Mouqiu. She changed the door locks and refused to disclose the password, making it impossible for Zhang Mochun, who owned the largest share, to enter and use it. Despite repeated negotiations about sharing the use of the house or having Zhang Mouqiu pay a usage fee, all attempts failed. Zhang Mochun subsequently entrusted the Beijing Henglu Law Firm to handle the case.Yu DayiThe lawyer filed a lawsuit for the division of jointly owned property, requesting that the auctioned and sold property be divided according to shares (with a preliminary valuation of 1.6 million yuan) and that the occupancy and use fees be paid from May 1, 2024 onwards.

The focus of the controversy:First, can the co-owners request a partition at any time? Second, how should the house be partitioned when none of the parties can offer compensation in the form of a discount? Third, should the exclusive user pay a usage fee for the property?

Our position and the other party's position are as follows:Zhang Mochun, as the largest co-owner with a 50% share, requested the auction of the division of the sale price and the recovery of the occupation and use fees; Zhang Mouqiu disagreed with the auction and refused to pay any fees, claiming that the house was her parents' inheritance and should not be divided.

Attorney's Strategy and Legal Opinions:Attorney Yu Dawei put forward three points: Firstly, according to Article 303 of the Civil Code, the parties have never agreed not to divide the property, and the co-owners can request a division at any time. Secondly, according to Article 304, if the parties fail to reach an agreement and the real estate is difficult to divide, it can be discounted or auctioned and sold, and the proceeds of the sale can be divided. If the other party cannot propose a discounted compensation plan, auctioning and selling is the only legal and feasible way, and the reason for not agreeing to the division cannot prevent the auction from taking place. Thirdly, according to Article 298, Zhang Mouqiu's exclusive possession of the house infringes the rights and interests of other co-owners, and he should pay the occupation and use fees according to the market rental standard.

The court's reasoning and the outcome of the case:The court adopted the lawyer's main opinion and, in accordance with Articles 298, 303 and 304 of the Civil Code and Article 147 of the Civil Procedure Law, rendered a default judgment: Zhang Mouqiu and other third parties shall assist in the auction and sale of House No. 202 within 15 days after the judgment takes effect, and the proceeds shall be divided according to their respective shares; Zhang Mouqiu shall pay the house usage fee calculated at 1,200 yuan per month from May 1, 2024 to the date the judgment takes effect within seven days after the judgment takes effect; and the court rejected other litigation requests. The court determined the usage fee standard based on the actual use of the house, the surrounding rent level, and the respective shares of the parties involved.

This case is handled by Beijing Henglu Law Firm.Yu DaweiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: If the tenant refuses to pay the rent and won't move out, can we just change the locks and clear the room?

It is not recommended to evict tenants by private force. The correct approach is to issue a written notice to them to pay within a reasonable period of time. If they fail to pay within the time limit, the contract may be terminated in accordance with Article 722 of the Civil Code, and then a lawsuit may be filed to evict them and claim the unpaid rent and occupation and use fees. Unauthorized disconnection of water and electricity, changing locks, and inventorying items may easily lead to counter-claims for compensation, and may also affect the legitimacy of the eviction action. It is necessary to keep all evidence of the notice and service throughout the process, which is the basis for subsequent termination and claims. For large amounts, it is recommended to apply for property preservation simultaneously.

Q2: Can a lawyer help recover the deposit in a dispute over it?

Yes. The lawyer will review the nature of the deposit clause (whether it is a security deposit or an advance payment), whether the grounds for deduction are valid, and whether the condition of the house returned is consistent with the move-in list. If there are no valid grounds for deduction, the court will generally order the full refund; if there are disputes over maintenance or unpaid fees, the deduction will be based on the supporting documents. Before entrusting the lawyer, you can prepare the lease contract, the transfer record of the deposit, photos and videos of the move-in and move-out, and the handover list. The outcome of such cases often depends on the completeness of the handover evidence rather than oral statements.

Q3: Can I file a lawsuit for leasing if there's only WeChat chat but no written contract?

Yes. Chat records, rent transfers, receipts, and records of access control or key delivery can prove the lease relationship and rent standards. According to Article 707 of the Civil Code, if the lease lasts for more than six months without a written contract and the lease term cannot be determined, it shall be treated as an indefinite lease, and both parties may terminate it at any time but should give the other party reasonable preparation time. It is difficult to claim breach of contract penalties in an indefinite state. The calculation of losses shall be based on the actual occupation fees and direct losses. In daily communication, try to fix the rent amount and lease term to reach an agreement.

Q4: How much does it cost to hire a lawyer for a lease dispute?

Charges are calculated based on the amount of the claim and the complexity of the case. Cases involving arrears in rent or deposits typically involve relatively small amounts, and fees can be negotiated on a per-case basis or based on a combination of a fixed fee and a fee tied to the outcome (civil cases can use contingency fees, but they must comply with the prescribed percentage limits). It is recommended to first consult and assess the likelihood of winning the case, the feasibility of enforcement, and the fee structure, and then sign a written power of attorney contract to clarify the scope of representation, payment milestones, and refund provisions to avoid verbal agreements. For cases involving small amounts but difficult to enforce, it is particularly important to first assess the other party's ability to repay.

Q5: If the rented house is sold during the lease period, do I have to move out?

It's not necessary. According to Article 725 of the Civil Code, if the ownership of the leased object changes during the lessee's possession period in accordance with the lease contract, it will not affect the validity of the lease contract, that is, "the sale does not affect the lease". The new owner shall continue to perform the original contract until the lease term expires; under the same conditions, the lessee also enjoys the right of first refusal (Article 726). If the buyer requests eviction, the lessee may use the contract and the proof of possession to oppose the lease right, and if necessary, sue to confirm the continuation of the lease relationship.

IV. Advice on Protecting Rights and Interests

  • All contracts must be in writing, and the rent, deposit, maintenance, subletting, eviction, and breach of contract responsibilities must be clearly stated. For leases of more than six months, oral agreements are not sufficient.
  • Both the check-in and check-out procedures are carried out with written handovers and photo/video recording. The condition of the house and the inventory list serve as the core evidence for deposit and compensation disputes.
  • If the other party breaches the contract, you should first send a written notice to them to preserve evidence, and then terminate the contract and file a lawsuit against them. This will help you avoid being held accountable for taking private remedies such as cutting off water and electricity supplies to the other party.
  • If the house is occupied by others or there is a dispute over its ownership, it is necessary to first determine the ownership and then deal with the lease issue. The path to determining the ownership can be referred to for reference.Inheritance succession and family property division services.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Yu Dayi·Beijing Henglu Law Firm